Schwartz Law PC Blog

Most people are aware that there are a lot of insurance coverage disputes surrounding the events of September 11, 2001. What might be surprising is that the courts are still hearing cases. A specific example of this can be found in American…

It’s very important for you as an insured to know in advance what will happen in the event of a significant dispute with your insurance company. Whether you are in the claims process or filing a lawsuit, state law is going to apply to…

In a case decided late last year, the Supreme Court of Pennsylvania established standards for proving bad faith against insurance companies. It also adopted a standard that made it much easier for policyholders and plaintiffs to hold…

The WATE-TV Knoxville, TN website reports that Nissan owners are complaining of dangerous melting dashboards. The article explains that the melting dashboard is danger because it turns into “sticky reflective goo” that…

Workplace injuries are most common in high-risk work environments, but even those who work in a retail or office environment can get injured. These injuries may include falling, electrocution, overuse and more. Regardless of the type of…

Shady Doc: 4 Things to Look out for When Finding a Family Practitioner

When you’re looking for a family doctor, it can be difficult to know what to look for and what’s most important. You know you need someone that accepts your insurance, but beyond that, should you consider location or office hours?…

Reading through contracts, especially lengthy insurance ones, can be time consuming. Many policies contain confusing language, terms of art, and often include supplemental riders that change the terms or definitions contained in the main body…

In previous posts, we’ve discussed chronic pain, including how chronic conditions can affect dentists. Dentists and surgeons have strenuous jobs that require them to hold unnatural and static positions for extended periods of…

While, hopefully, your disability policy will provide sufficient income to meet your essential expenses if you have to file a claim, benefit amounts rarely provide monthly income that is comparable to what you…

Accessibility Defense

Cases decided in the last few weeks are mostly good for business, not because they fail to enforce the ADA, but because they refuse to let dubious serial filer claims get beyond the initial pleading stage. Here’s the lineup. Standing…

Just in time for Valentine’s day the Fifth Circuit has definitively confirmed what should never have been an issue in the first place; that is, an ADA plaintiff does not have standing without suffering a real injury. The first…

It looks like six more weeks of winter based on the reaction of Punxsutawney Phil to the long shadow he casts over weather forecasting. The last week of ADA decisions seems to confirm that it will remain chilly for businesses as well.…

Hill & Ponton Blog

On August 23, 2017, President Trump signed a bill that is meant to overhaul the VA appeals process. This bill is known by the short title, Veterans Appeals Improvement and Modernization Act. The obvious questions for the new VA…

Diabetes Mellitus Type II (DMII) is one of the 41 diseases that the VA has included on its list of presumptive illnesses due to Agent Orange and other types of herbicide exposure. To see more on qualifying conditions click here. In…

The VA is an expert at complicating things to the point that the average person has difficulty understanding the processes without the help of a VSO or, after a decision, an attorney. VSOs can assist during the filing of a claim, but it takes…

While I do not represent families through the maze of social security benefits, it is an important issue that needs to be a factor in transition planning. Navigating the world of such social security entitlement programs as Supplemental…

Women across the world are embracing the hashtag #MeToo to publicly share their own experiences with sexual abuse and assault and to seek empowerment. The result of this movement has sent shock waves through our society as powerful figures…

The dust has begun to settle since the passing of last month’s tax bill, which is informally known as The Tax Cuts and Jobs Act. Being neither an accountant nor a tax specialist, It’s difficult to discern what remains in...

Eye injuries from BB guns, pellet guns, and paintball guns continue to rise each year. Most injury victims are children who experience serious eye injuries including blindness. According to the American Academy of Pediatrics, thousands of…

Human drivers will no longer be necessary in the future thanks to advanced technology that enables Level-5 Autonomous Cars to take the wheel in all types of conditions. This new breed of vehicles is equipped with technology like LIDAR, image…

Are Doctors Responsible for Damages to the Victims of the Opioid Epidemic

Physicians play a significant role in opioid abuse, addiction, and death by overprescribing painkillers and when injuries occur, they may be held liable for damages. The number of opioid overdoses has soared to record levels and the…

Iowa Workers' Compensation Law

Today’s post comes from guest author Charlie Domer, from The Domer Law Firm. There is a bad trend in Wisconsin: Deaths on the job are on the rise. Specifically, OSHA (on December 18, 2017) issued a release that there were five…

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore. The Washington Post ran a feature story about “Work Campers” – senior citizens who live in campers and travel around for temporary…

In Vicki Young v. Sun Life and Health Insurance Company, plaintiff Young, a mortgage broker, was initially granted disability benefits in September 2010 based on her diagnosis of fibromyalgia. The initial two years of her disability were…

Teacher Settles Lawsuit Against American United Life Insurance Company for Termination of Long Term Disability Benefit

O’Ryan Law Firm, on behalf of Plaintiff, Melissa B., recently settled a lawsuit against American United Life Insurance Company (“AUL”) for the termination of Melissa’s disability insurance benefits after she was…

O’Ryan Law Firm recently filed an appeal for Long Term Disability benefits against Cigna for wrongfully denying a participant’s benefits. The client was a long-time employee of Toyota, working as a warehouse associate. …

Human immunodeficiency virus, commonly known as HIV, is a virus that attacks the body’s immune system, specifically the CD4 cells, often called T cells. Over time, HIV can destroy so many of these cells that the body can’t fight…

It was recently Bell Let’s Talk Day, a day to discuss mental illness and to promote mental healthawareness. The month of February has been designated as “Psychology Month” in Canada.Why does this matter?Mental illness is one…

There are various conditions or types of injuries for which a person may make a claim for disability benefits for. In any given week, at least 500,000 Canadians will miss work due to mental illness/mental health problems.​According to…

In a previous post, we looked at the symptoms and causes of different types of migraines and how migraines can impact a person’s ability to work.​A study conducted in Norway found that people treated for diabetes are at lower risk…

Ontario Disability Blog

It was recently Bell Let’s Talk Day, a day to discuss mental illness and to promote mental healthawareness. The month of February has been designated as “Psychology Month” in Canada.Why does this matter?Mental illness is one…

There are various conditions or types of injuries for which a person may make a claim for disability benefits for. In any given week, at least 500,000 Canadians will miss work due to mental illness/mental health problems.​According to…

In a previous post, we looked at the symptoms and causes of different types of migraines and how migraines can impact a person’s ability to work.​A study conducted in Norway found that people treated for diabetes are at lower risk…

If you have recently been to your doctor and they said you are disabled, you may have believed it would be easy to get Social Security Disability benefits. However, your initial application was den... This article My Doctor Says…

After you have been injured at work in Iowa, the workers’ compensation insurance company is required to pay for reasonable medical care related to that work injury. The insurance company usually ... This article Nurse Case…

Losing a loved one is always difficult. Such a loss can be even more painful when the death was caused by someone else. Besides the normal grief, anger and confusion, families who lose someone be... This article How to File a…

The question “What medical conditions qualify for long-term disability?” has a general answer and a specific answer depending on which program or plan a person asks to recognize the condition as disabling. Speaking with an…

Thousands of attorneys practice in Columbus, Ohio, and surrounding Franklin County. Making the wrong choice for you, your family, and your case is probably easier than finding the right lawyer who can deliver the best outcome while treating…

If you need help understanding your disability insurance contract, join the club — the club that includes everyone who has ever tried to read a disability insurance contract. Insurance companies do not deserve all the blame for making…

Winter weather often leads to car accidents from icy roads and snowy streets. When more than one car is involved in a car crash, you may be able to sue the other driver for your injuries. But if uncleared snow or unsalted roads caused the…

Falling on an icy sidewalk or snowy footpath can be a serious problem. Especially for elderly or injured people, a fall of this type can cause severe injuries that require hospitalization and rehabilitation or result in long-lasting injuries.…

Construction injuries have a few common ways they occur. Generally, either a construction worker is injured while working on a construction project, or someone passing by the site is injured from falling debris or other dangers. Either way,…

A Special Needs Trust can hold money or title to property for the benefit of a disabled individual. The funds need to be used to supplement benefits received from government programs such as Medicaid and Supplemental Security Income (SSI).…

Special Needs Planning: Don&rsquo;t Leave Your Child&rsquo;s Future in the Hands of an Unpredictable Congre

Government programs are meant to provide assistance to our citizens. However, even programs that can mean the difference between life and death, such as Medicaid and Supplemental Security Income (SSI), can have their budgets cut, benefits…

Virginia Special Needs Planning Lawyer: Guardianship and the Autistic Adult

As a Virginia special needs planning lawyer, I know that everyone who falls on the Autism spectrum is unique. Some will grow to be adults who can generally function in the world, make decisions on their own behalf, and effectively communicate…

I had the opportunity today to read a very thoughtful article about a meeting of Catholic physicians who are helping their very ill patients to wrestle with hard decisions about whether to utilize palliative care in place of active…

The need to place a beloved family member in a nursing home may be one of the most harrowing and heartbreaking decisions a person has to make. Not only is there a terrible sense of guilt and failure, but the … Continue reading…

DRAFT MUST REWRITE text from daily briefingHEALTH CARE LAW New Jersey has a Charity Care program which pays for hospital care for uninsured individuals who meet the stringent income and asset requirements and…

Disability Lawyer

For those with children or other dependents, life insurance may provide effective financial protection for their future. After one passes away, the plan may be used to transfer expenses, pay taxes, satisfy debts, or provide income…

Austin Mehr of Mehr, Fairbanks & Peterson Trial Lawyers received an invitation on July 17, 2017, to The National Trial Lawyers Top 100 Civil Plaintiff Trial Lawyers. As stated in his invitation: “Membership in The National Trial…

In Hollaway v. Direct General Ins. Co. of Miss., 497 S.W.3d 733 (Ky. 2016), the Kentucky Supreme Court addressed the first substantive insurance bad faith case to come before it in ten years. In the September 22, 2016, decision,…

In Melissa Vacarro v. Liberty Life Assurance Company of Boston, Melissa Vacarro was employed by NetApp Inc., when she began suffering from fatigue, pain and deteriorating cognitive abilities, particularly in the areas of memory and…

Roy Neil Johnston, M.D. v. Aetna Life Insurance Company involves the scope of permissible discovery in an ERISA lawsuit brought when an insurer terminates a claimant’s short-term disability benefits and denies him long-term disability…

In Cruz-Baca v. Edison International Long Term Disability Plan, an ERISA plan, Plaintiff was employed by Southern California Edison Company (“SCE”) as a Customer Specialist 2, and, as an employee, was eligible to participate in…

Mike Murburg, P.A.

Many potential disability claimants are not quite familiar with their various options, which may include Supplementary Security Income (SSI) benefits. So, what is SSI and are you eligible to receive such benefits? Let’s take…

In Florida, as in various other jurisdictions, if you are a recipient of Supplemental Security Income (SSI) benefits, then your benefits may be substantially affected in the event that you receive an inheritance. Depending on the amount…

Many Social Security benefit recipients are concerned — and not entirely clear — about working while simultaneously receiving Social Security benefit payments, and the consequences of doing so. There are a number of issues…

Dallas Diisability Lawyer Blog

5 Common Facts and Misunderstandings about the Vocational Expert in a Texas Social Security Disability Hearing

The Administrative Law Judge hearing can be a puzzling and confusing event for social security disability claimants in Texas. Few disability claimant have been involved in any legal proceeding quite like it. A frequent source of…

November is National Epilepsy Awareness Month: Top 5 Important Facts about Social Security Disability &amp; Seizure

A seizure occurs when a group of brain cells- which normally discharge in a choice or random manner – suddenly discharge together in rhythmic bursts. Epileptic seizures have many causes, including a genetic predisposition for certain…

Why Activities of Daily Living are so Important to your Social Security Disability Claim

When you pursue disability benefits, you will be asked to fill out numerous forms by Social Security. You will find that many of these forms are repetitive – they seem to ask for the same information over and over. Having spent a good…

How Attorneys Identify Winning Back Pain Social security Disability Case

by Jonathan Ginsberg and Erin Schmidt You probably would not be surprised to discover that the most common impairment cited by Social Security disability applicants involves back pain. Because disability adjudicators and judges see so many…

Last week I blogged on national trends with the opioid epidemic. Georgia data tracks national trends, and unfortunately, seems to be leading the nation in opioid overdoses. A 2017 research paper from the Georgia Prevention Project…

Many people ask how to win a Social Security Disability case. However, it also might be helpful to analyze why people lose their claims. Here are my top 6 reasons why a case is not successful. You are working while applying for…

Last Thursday, the Trump Administration invited states to add a work requirement to Medicaid eligibility. States and the federal government jointly fund Medicaid, but states are responsible for running it. The federal government cannot…

Here’s a FEHA disability discrimination case that went to trial and resulted in a defense verdict. Plaintiff’s attorney then sought attorney’s fees because even though the jury awarded plaintiff no relief, the jury did…

In this case, plaintiff alleged he was fired because of his marital status in violation of FEHA’s protections against marital status discrimination. Plaintiff was fired by his boss, who was also his mother-in-law. Plaintiff said he was…

Here’s an interesting FEHA disability discrimination case in which the Ninth Circuit upheld the district court’s summary judgment dismissing the case. In this case there was no evidence that plaintiff’s disability was a…

It is common for parents to worry when a child returns home from school upset. Parents of children with disabilities, especially nonverbal children or children who have difficulty communicating, experience an extreme form of this…

2017 was an eventful year in the world of special education. At the national level, the U.S. Supreme Court decided Endrew F., its first special education case in over thirty years. The unanimous Court held that FAPE…

Winter is no stranger to the 207. Raise your hand if you passed your driver’s test in a Nor’easter. Or remember navigating city streets or back roads when 16 inches of snow arrived after baseball season had started. Mainers have…

It’s a record no state wants. But it is a fact. This year in Maine, 18 pedestrians have been struck and killed by vehicles, the highest number since 1994, when 22 died. The stats for 2017 still might increase, as two more accidents are…

Traffic Fatalities in Maine Continue To Rise New statistics published by the National Highway Traffic Safety Administration have shown that 2016 had the highest traffic accident fatality rates since 2007. And it is not just auto accidents.…

Our clients often ask how to retain employee benefits while on disability leave. A source of this information should be an employee handbook or summary of benefits available from the employer. Often all benefits such as medical…

We often suggest to our clients that they carefully limit their exposure on social media. It is simple for insurance companies to track a claimant’s whereabouts if they are regularly posting on Facebook, and not making it private,…

An action taken by the U.S. Department of Labor to protect the disabled fortunately passed on December 19, 2016, on the eve of the Obama’s departure and will go into effect January 1, 2018. Claimants counsel breathed a sigh of…

Social Security Disability Lawyer

Back in 2006 or so, the Bureau of Hearings and Appeals changed its name to the Office of Disability Adjudication and Review (ODAR), as part of a reorganization at Social Security and new regulations. The name was widely panned at the time.…

The first thing I want to know when I receive a hearing notice for a Social Security disability claim is the name of the administrative law judge (ALJ) who will hear the case and decide the claim. It probably shouldn't matter which judge…

There are many benefits to being a Social Security disability lawyer. You are able to help people who really need the help, and it is very gratifying when a claimant receives disability benefits. I recently received a Fully Favorable decision…

SMDA recently convinced LTD insurer Cigna to overturn its claims denial decision for a registered nurse who developed significant low back pain that prevented her from performing her own occupation. Our client had degenerative…

SMDA recently convinced Cigna (Life Insurance Company of North America) to overturn a claims denial decision for an individual who is suffering from significant cognitive deficits as the result of some as yet undiagnosed condition. SMDA…

Almost every Long Term Disability Insurance Policy I have ever reviewed contains a limited period (usually 24 months) of time that it will pay benefits if a claimant is unable to perform the duties of his/her “Own” (see…

The post Business While Deployed is a Little Easier in Minnesota appeared first on IAJ Law, LLC.
Managing a business while deployed is an awful stress. I would think most military business owners know how difficult it might be to keep…

The post Developing Claims and Other VA Duties appeared first on IAJ Law, LLC.
VA Duties come in all shapes and sizes. A VA duty is an obligation with no wiggle room. In other words, the Veterans Administration is [Read More]
The…

The post Effective Dates for Veterans Appealing Their PTSD Claims appeared first on IAJ Law, LLC.
Military veterans seeking PTSD claims need their symptoms recorded through medical records. Effective dates for a VA claim help veterans…

Cincinnati Social Security Attorney Answers How To Win a Back Injury Claim

As a Cincinnati social security disability attorney i have represented many people in front of the Cincinnati Social Security office for all kinds of back injury claims.This office is also known as the office of Adjudication and review. This…

Winning social security disability claims seems to be harder than ever so a compelling story is critical. You need to impact the Administrative Law Judge with more than a recitation of the medical facts.If you read online…

Cincinnati Disabled - Do You Qualify For Social Security Disability Benefits Fast Free and Easy

Do you Qualify for Social Security Disability Benefits? We can answer this and other questions fast, free,and easy. Plus Anthony Castelli Attorney offers a free claim evaluation to discuss you eligibility for compensation as well as your…

After promising voters to not touch Social Security, the Trump administration has proposed a budget(1) to Congress that would cut $72 billion from Social Security disability. This move, not supported by the facts, is based on the belief is…

Calbom & Schwab attorneys Jeff Schwab and Ashley Grout recently attended the 2017 Law Day Luncheon in Wenatchee on May 12. Law Day brings together members of our community and recognizes our outstanding members of the Chelan-Douglas Bar…

In Washington State, RCW 51.32.220 allows for the offset of two types of monetary benefits if an individual receives payments for Social Security Disability. Those two state benefits are temporary total disability and permanent total…

My Social Security Disability SSI Blog

Sadly, this is not "fakenews". It comes from the Trump Administration's Office of Management and Budget's director, Mick Mulvaney.
1. "The budget will call for a $72 billion cut over 10 years to the Social Security…

Will your SSD or SSI benefits increase if your condition worsens? Every once in a while, this question comes up.
The answer is No, and that's because you get the max benefit you are entitled to when you are approved. For SSI, this is a set…

Yes, the rules that govern most decisions are a little easier if you are at least 50 years old. However, individuals under 50 can also be approved provided their medical evidence satisfies the requirements of Social Security Disability and…

The answer is “yes” and “no.” The lives of parents caring for adult children with disabilities is already burdensome, and this change in the law adds an additional barrier such parents will have to overcome, but…

The U.S. Department of Education recently released a “Dear Colleague” Letter to clarify that all students who qualify, or would qualify, in their neighborhood school District for either an IEP under the I.D.E.A., or a Section 504…

Teenager with Disabilities Injured and Arrested by TSA Workers in Airport

Another sad reminder in the news, that caregivers of people with disabilities cannot presume that authority personnel will listen to or understand the caregiver’s guidance on how best to deal with a person’s disabilities. This sad…

The Second Circuit, in A.M. v. New York City Department of Education, held that where the school district developed an Individualized Education Program ("IEP") for an autistic child, that was against the clear consensus of the substance…

The question presented in this case is whether being disabled for purposes of the Individuals with Disabilities Education Act ("IDEA") categorically qualifies and individual as having a disability under the Americans with Disabilities Act…

Prevailing Attorney Entitled to Fee From District Greater Than What He Would Have Been Paid Had He Lost

In Price v. District of Columbia, the parents seeking relief on behalf of their child under IDEA. They obtained counsel from the Juvenile Branch of the Superior Court of the District of Columbia, which appointed an experienced…

Long Island Special Needs Law Blog

Forming a first party Special Needs Trust has, up until now, required a parent, grandparent or a guardian to establish the trust. When the original law allowing First Party Special Needs Trusts was passed, it did not contemplate that many…

Housing is one of the most difficult problems for any person with special needs, whether developmentally disabled or suffering with mental illness. A conference addressing the housing crisis for those with psychiatric disabilities is being…

Recently, I was reading this review of Toni Braxton’s new memoir, and the reviewer appeared shocked that Ms. Braxton attributed her son’s autism to God’s payback for a prior abortion. I don’t want to get into a…

Can I Receive Both Minnesota Workers Compensation and Social Security Disability?

The short answer is YES, in most instances you can receive both but there are many variables that are extremely complex.In 1965 the Social Security Act was amended requiring that SSDI benefits be reduced when the injured worker is…

Can I Collect Minnesota Workers Compensation AND Social Security Disability?

YES you can depending upon why you received workers compensation benefits and why you were awarded social security disability benefits. We frequently have clients with workers compensation injuries who later qualify for social security…

In short; truthfully! This is probably your last chance to convince a office of disability and review (ODAR) judge that you are able to perform sustained gainful employment. This is not the time to be too proud or boastful due to…

If My Initial Application For Social Security Disability Benefits is Denied, Should I Reapply?

Should you appeal your initial application denial or reapply if you are denied disability benefits? If the Social Security Administration (SSA) states your disability is not severe enough to receive benefits, appealing the decision…

Many Social Security disability claimants are under the impression that hiring an attorney will speed up the processing of their case with the Social Security Administration (SSA). While hiring an attorney does not directly translate…

A large number of my clients suffer from back pain, and there are many possible causes: degenerative disease, injury, or years of overexertion. The Social Security Administration (SSA) recognizes that severe back pain can be disabling,…

Hegger v. Unum Life Ins. Co. of America, 2013 U.S. Dist. LEXIS 28587 (N.D. Cal. 2013)
Facts and holding: Plaintiff Tami Hegger (“Hegger”) was employed as a medical device sales representative until she left work in December…

California Social Security Lawyer Blog

Listing 12.05 requires onset prior to age 22, not diagnostic testing prior to age 22

Writing federal court briefs is hard work. It takes a lot of time and I do not know if I am going to win (and collect fees). The upside though is that I learn a lot and by having to … Continue reading →

Listing 12.05 requires onset prior to age 22, not diagnostic testing prior to age 22

Writing federal court briefs is hard work. It takes a lot of time and I do not know if I am going to win (and collect fees). The upside though is that I learn a lot and by having to … Continue reading →

Solano County Department of Public Health is now offering rapid Hepatitis C testing at its HIV clinic in Vallejo, 365 Tuolumne Street. The test is confidential and free to anyone at risk for infection. Results are available in 20-40…

Fibromyalgia and Social Security Disability Benefits - Smith v. Commissioner of Social Security

Fibromyalgia is a musculoskeletal disorder characterized by chronic widespread pain and a heightened and painful response to pressure. Anyone who suffers from this serious impairment knows that it's very painful and can make it hard to…

In Potter v. Astrue, the U.S. District Court for the Northern District of New York explains once again that a doctor's opinion alone isn't enough to win a Social Security Disability claim. There must be objective evidence in the record to…

There is no way to underestimate the value of having a good lawyer represent you in a Social Security Disability claim. In Courtney v. Colvin, the U.S. District Court for the Eastern District of New York, typically friendly and supportive of…

Ever since, millions of Americans rely on social security benefits for a living. In fact, in some states, it turns out that a greater proportion of their populations are depended on social security benefits to supplement their daily incomes.…

Although many of the Social Security Benefit recipients were delighted with the recent increase in Cost-of-living Adjustment (COLA), some of them remain mum as the food stamp cut devalues the recent benefit raise. Last month, the Social…

Great to see QR attorney David S. DeRose featured in the Fall 2013 edition of the The Pittsburgh Foundation's FORUM newsletter.http://pittsburghfoundation.org/sites/default/files/FORUM%20Fall%202013.pdf

PA Injured Workers: HISTOPLASMOSIS IN THE WORKPLACE: THE BAT DROPPINGS...

PA Injured Workers: HISTOPLASMOSIS IN THE WORKPLACE: THE BAT DROPPINGS...: by Vincent J. Quatrini, Jr. Are you exposed to bat droppings and bird manure in your workplace? If so, you may be a at risk fo...